Export Controls

Deemed Exports

In addition to actual shipment of a commodity out of the country, the export regulations also control the transfer, release, or disclosure to foreign persons in the United States of technical data about controlled commodities. The "deemed export" regulation states that a transfer of "technology" (EAR term) or "technical data" (ITAR term) to the foreign person is "deemed" to be an export to the home country of the foreign person. Accordingly, for all controlled commodities, a license or license exception is required prior to the transfer of "technology" or "technical data" about the controlled commodity to foreign persons inside the U.S.

Technical data that is "in the public domain" under ITAR or "publicly available" under EAR, including "fundamental research," is not subject to deemed export controls. Cornell research results generated at the University meet the standards for "publicly available," thereby avoiding the necessity of securing a license prior to dissemination of information to foreign nationals involved in the research, including graduate students, post-doctoral scholars, and visiting scientists. For University-based research, there are three different ways that the technical information may qualify for an exemption from the deemed export regulations. It is exempt if it:

1. Is published or disseminated
2. Arises during, or results from, fundamental research, or
3. Is educational information released by instruction in catalog courses or associated teaching laboratories of academic institutions.

All Cornell Faculty & Staff should:

1. Assure that all technical data about export-controlled commodities qualify as "publicly available".
2. Do not attend meetings where foreign nationals are prohibited from attending.
3. Do not sign the DD2345, Militarily Critical Technical Data Agreement, as a condition of attending a conference or receiving materials from the government.

*This is not an all-inclusive list, so if you are unsure or have additional questions, please contact the Export Controls Office.